Semi-truck accidents typically cause serious injuries. Our clients have sizeable medical bills and often can’t get back to work. At Khan Injury Law, we work overtime to get our clients compensation for their injuries.
Truck accidents are slightly different from regular car crashes. In a semi-truck accident, several individuals might be responsible for the crash. If they are, then the law says they are “liable” and they must pay you compensation.
Who Can You Sue After A Truck Accident?
Truckers owe a duty of care to other people on the road. They can violate this duty of care whenever they drive negligently or recklessly. Some common examples of unreasonable driving include:
- Driving too fast for conditions
- Fatigued driving
- Driving while chemically impaired
- Failing to check blind spots
- Texting and driving
Even if the trucker doesn’t want to admit liability for the crash, there are ways to check if they were careless. For example, we might get their cell phone records, which show whether they were on the phone at the moment of the crash. The semi-truck might also have electronic data which can show the speed and how long the truck was in motion.
Trucking companies are often liable for accidents involving their trucks. There are different bases for suing them:
- Vicarious liability. Employers are automatically liable when their employees injure people while working. You would sue both the trucker and his employer.
- Poorly maintained fleet. The trucking company might put a dangerous truck in service without properly maintaining it.
- Failure to screen drivers. Trucking companies must properly screen drivers before hiring them. Federal law requires physical exams and pre-employment drug tests. The trucking company should also pull a criminal history report and contact prior employers.
- Failure to supervise. Trucking companies should remove dangerous drivers from the road. If they don’t, they can be liable when the trucker gets into another wreck.
Some truck accidents stem from unbalanced or heavy loads in the trailer. For example, a shifting load can lead to a rollover accident. The loading company might be responsible if they overloaded the truck or failed to properly secure cargo.
Mechanics must perform their jobs carefully. A negligent mechanic might do shoddy work or fail to detect problems with a semi-truck. For example, a mechanic might fail to see if the brakes are worn and need to be replaced. If the truck crashes due to brake failure, then the mechanic could be liable.
Some trucks are dangerous as soon as they leave the assembly line. For example, defective materials or designs could make the truck unacceptably dangerous. Any component part on the truck could be defective as well.
When defects contribute to wrecks, you can typically sue the truck manufacturer and/or the manufacturer for the defective part.